Allens Arthur Robinson

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In a recent judgment, the Supreme Court of NSW considered the validity of land access arrangements where not all those with an interest in the property (in this case, the mortgagees) had been notified of the licence holder's intention to obtain access arrangements, nor were the mortgagees party to such arrangements. Partner David Maloney and Senior Associate Georgina Cowdroy report

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To ensure key food-producing land in Queensland is protected in the long term, the Queensland Government has created a new policy and planning framework for how other forms of development, such as mining and urban development, are to be undertaken on 'strategic cropping land'. Project proponents with 'incompatible' uses on declared strategic cropping land may find their projects cannot proceed. Partner Ben Zillmann and Senior Associate Rochelle Carey examine some of the key elements to the policy

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The Queensland Government recently introduced contentious new legislation into Parliament which has sparked concern in a property industry still feeling the effects of the global financial crisis. Partner Bill McCredie and Lawyer Eve Lynch report

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It will be an offence for a property developer to make a political donation if the person knows that the act is unlawful, following amendments to the Election Funding and Disclosures Act 1981 (NSW). It will also be unlawful for a person to accept a political donation from a property developer, as Partner Jim Parker and Lawyer Brooke Newell review the Bill

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The NSW Land and Environment Court has voided a project approval for a regional gun club and shooting complex under Part 3A of the Environmental Planning and Assessment Act 1979, as part of the project was impermissible under zoning laws in a local environmental plan. Partner Jim Parker and Law Graduate Madeleine Ellicott review the decision

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If the Approvals and Related Reforms (No 1) (Environment Bill) 2009 is passed, it will streamline appeal provisions and decision-making processes in Western Australia. Senior Associate Robyn Glindemann and Lawyer Jessica D'Souza report.

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A Bill that reflects recent proposals for major planning reform has been introduced into the Western Australian Parliament. Senior Associate Robyn Glindemann and Law Graduate Joseph Freeman report.

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The NSW Court of Appeal has clarified the Minister for Planning's power to grant modifications to Part 3A projects under section 75W of the Environmental Planning and Assessment Act 1979 (NSW). Partner Jim Parker and Lawyer Brooke Newell review the court's decision in Barrick Australia Ltd v Williams and comment on potential implications for Part 3A modification applications

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The Victorian Government has released the draft Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Bill for comment by Monday, 2 November. The draft Bill proposes to introduce the Growth Areas Infrastructure Contribution for development projects and acquisitions in growth areas, in order to fund infrastructure in them. Partner Chris Schulz and Lawyer Swee Leng Harris report

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The Queensland Government has introduced legislation that will provide ongoing regulation of the clearing of certain regrowth vegetation in Queensland. The legislation replaces the moratorium on clearing certain regrowth vegetation that has been in operation since April 2009. Partner Bill McCredie and Senior Associate Simon Batten report

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The WA Department of Planning and the Western Australian Planning Commission have recently released papers seeking public comment on proposals for major planning reform in Western Australia. Senior Associate Robyn Glindemann and Law Graduate Joe Freeman highlight the key aspects of the proposals

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The NSW Land and Environment Court recently overturned the Minister for Planning's approval for the development of land at Catherine Hill Bay on the grounds that there was a reasonable apprehension of bias on the part of the Minister, and that the Minister took irrelevant considerations into account in the decision-making process. Partner Paul Lalich and Law Graduate Joanne Been report

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New legislation intended to fast-track planning, environment and heritage approvals for major transport projects by creating a single, streamlined assessment process has been passed in Victoria. Partners Chris Schulz and Paul Kenny, Senior Associate Emily Gerrard and Law Graduate Elizabeth Sheargold examine the legislation, which also includes giving public authorities responsible for implementing major transport projects increased project delivery powers

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In a landmark decision, the NSW Land and Environment Court has granted a protective costs order to an environmental group undertaking civil enforcement proceedings against the operators of a power station, capping the costs recoverable by either party to $20,000. Partner Paul Lalich and Law Graduate Madeleine Ellicott review the decision and comment on its possible implications for costs orders in public interest proceedings

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The Draft South East Queensland Climate Change Management Plan, which proposes actions to implement the climate change policies in the new South East Queensland Regional Plan, was recently released for public comment. Partner Bill McCredie, and Senior Associates Suzanne Westgate and Simon Batten report

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The new South East Queensland Regional Plan 2009-2031 has been released and, subject to regular monitoring and review, is expected to manage population growth and change to 2031. Partner Bill McCredie and Senior Associate Anna Vella report on the key changes

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Partner Bill McCredie and Senior Associate Anna Vella report on the key aspects of the South-East Queensland Regional Plan 2009-2031

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The Review Panel appointed by the Federal Government to conduct an independent review of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) has released an interim report. Partner Chris Schulz and Senior Associate Robyn Glindemann highlight some of the key comments made in the report and the issues being raised for consideration by the review panel

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The Sustainable Planning Bill 2009 was recently introduced into the Queensland Parliament. The Bill will attempt to address the issues facing planning and development assessment in the State by standardising planning scheme provisions, addressing shortcomings in the development assessment process, introducing deemed approvals for certain types of development applications and giving the court increased powers to deal with development applications notwithstanding procedural errors that have occurred during the development assessment process

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Last month, the Environment Protection and Heritage Council released the Environmental Guidelines for Carbon Dioxide Capture and Geological Storage - 2009. This followed the Federal Government's release of acreage and guidance notes for carbon capture and storage assessment under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth) in March 2009. Partner Chris Schulz, Senior Associate Emily Gerrard and Lawyer Sarah Dynon explore the environmental and planning issues relevant to applications for assessment permits under the Offshore Petroleum and Greenhouse Gas Storage Act

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The Queensland Government has announced a moratorium restricting the clearing of endangered regrowth vegetation and certain riparian regrowth vegetation for up to six months from 8 April 2009, and legislation to give it legal effect was introduced into Parliament on 22 April. It is expected that this is a precursor to ongoing regulation of endangered regrowth and riparian vegetation. Partner Bill McCredie and Senior Associate Simon Batten report

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From 7 April 2009 all mining legal proceedings under the Petroleum (Onshore) Act 1991 (NSW) and Mining Act 1992 (NSW) must be commenced in the Land and Environment Court of NSW. Partner Paul Lalich and Lawyer Brooke Newell outline the Land and Environment Court's new jurisdiction and procedure for such matters

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A recent High Court of Australia decision has found that a proposed compulsory acquisition of land by Parramatta City Council was unlawful. Partner Paul Lalich and Lawyer Brooke Newell review the decision

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The Parliament of NSW has just passed legislation to ensure the timely delivery of Commonwealth-funded infrastructure projects under the Nation Building and Jobs Plan, to reduce the impact of the global economic recession on Australia. Partner Paul Lalich and Lawyer Brooke Newell report

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The Victorian Government has announced its intention to fast-track development projects and introduce new major projects legislation as part of its agenda for 2009. Partners Chris Schulz, Paul Lalich and Bill McCredie and Senior Associate Emily Gerrard look at recently announced reform initiatives for planning and environmental approvals in Victoria

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Federal Environment Minister Peter Garrett has released for comment a draft bilateral agreement with the Victorian Government that provides for the accreditation of several Victorian environmental assessment processes. The agreement allows for a more streamlined approval process for projects that require state and federal approval. Senior Associate Meg Lee reports

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The Garnaut Climate Change Review's Final Report, which was released today, contains no surprises but simply confirms many of the findings and recommendations made in the Review's previous reports. Partner Grant Anderson reports

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Amendments to legislation in New South Wales will require developers to disclose political donations or gifts (of more than $1000 in value) when making a development or planning application. Additionally, the reforms require the relevant authorities to make a record of political donation disclosures and also the results of how councillors voted on planning decisions. Partner Paul Lalich and Lawyer Tom Cregan report

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Professor Ross Garnaut's Supplementary Draft Report released today proposes a 'soft approach' to emission reduction targets, with the development of a comprehensive international agreement being critical to Australia accepting increased targets. Partner Matthew Skinner and Senior Associate Suzanne Westgate report

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A recent decision of the New South Wales Court of Appeal, Lennard v Jessica Estates Pty Limited, indicates that planning legislation could override private restrictive covenants to a greater extent than previously thought. Partner Nicholas Cowie, Senior Associate Emma Hodgson and Law Graduate Victoria Moore explain

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In a landmark decision, the Victorian Civil and Administrative Tribunal has refused development consent to a housing development in South Gippsland because of climate change considerations, including the threat of increasing storm severity and rising sea levels. Partner Paul Lalich, Lawyer Fleur Ramsay and Paralegal Madeleine Ellicott report on the decision

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Following on from our summary of the Federal Government's Green Paper on its proposed Carbon Pollution Reduction Scheme released on 16 July 2008, Partner Grant Anderson discusses in greater detail the proposals regarding the design of that Scheme

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Following on from his summary of the draft report of the Garnaut Climate Change Review released on 4 July 2008, Partner Grant Anderson discusses in greater detail some of the principal findings and recommendations of the draft report

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The eagerly awaited draft report of the Garnaut Climate Change Review was released at lunchtime today. Partner Grant Anderson and Senior Associate Suzanne Westgate provide initial commentary on the findings of the draft report

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A new Bill introduced into the Western Australian Parliament by the Greens attempts to set a greenhouse gas emissions intensity standard for new power stations in Western Australia. Senior Associate Valeria Cooney and Lawyer Lorna Creewel report

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The Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2008, which commenced on 1 June 2008, introduces a range of measures designed to regulate the underground storage of petroleum so as to minimise the risk of the discharge of substances that cause significant damage to the environment. Partner Paul Lalich and Paralegal Madeleine Ellicott report

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The Environmental Planning and Assessment Amendment Bill proposes the most significant reforms to the planning system since the inception of the Environmental Planning and Assessment Act 1979 (NSW). Partner Paul Lalich and Lawyer Joy Lam report

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The extent to which climate change is relevant to major project assessment in NSW was recently examined by the NSW Land and Environment Court - this time in the context of 'flood impacts' and concept plan approvals under Part 3A of the Environmental Planning and Assessment Act 1979 (NSW). Partner Jim Parker and Senior Associate Suzanne Westgate review the court's recent decision in Walker v Minister of Planning and Anor

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The Queensland Deputy Premier and Minister for Infrastructure and Planning, Paul Lucas, released the draft Iconic Queensland Places Bill 2008 for stakeholder consultation on 7 December 2007. The draft legislation is a direct response to fears expressed by some local governments and their communities that the widespread local government amalgamations in Queensland would rob them of their identity and character through inappropriate planning decisions

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The Queensland Parliament has passed the Queensland Heritage and Other Legislation Amendment Act 2007, which will amend the Queensland Heritage Act 1992. This is the first major review of the heritage legislation in its 15-year life and will modify Queensland's heritage framework for the listing of places on the register and the approval of their redevelopment. The amending Act will commence on a date to be fixed by proclamation

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The NSW Independent Commission Against Corruption has released a report on corruption risks associated with the New South Wales development approval process. Partner Paul Lalich, Senior Associate Suzanne Westgate and Lawyer Will Potts consider the potential impact of the recommendations

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Less than two months ago, the Queensland Government announced 'sweeping reforms' to ensure more Queenslander's can own their home. On 11 September 2007, after limited consultation with industry, the Urban Land Development Authority Act 2007 commenced, purportedly to achieve this agenda. Senior Associate Anna Goethe-Hooper looks at how the new legislation is to work

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New legislation just passed by the Queensland Government effectively abolishes the Land & Resources Tribunal and confers its existing jurisdiction on the Land Court. Partner Ben Zillmann, Senior Associate Bill McCredie and Lawyer Oliver Lawson explain the changes

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Twelve months after the Queensland State Government released a discussion paper about problems with the planning legislation and the integrated development assessment system, a reform agenda has been released. Senior Associate Rosanne Meurling looks at the significant points of the proposed changes

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The NSW Land and Environment Court has again examined the issue of the extent to which climate change impacts should be assessed for major project proposals. Partner Matthew Skinner, Senior Associate Felicity Rourke and Lawyer Elizabeth Lamaro review the court's decision in Drake-Brockman v Minister of Planning & Anor and comment on the guidance it provides on the assessment of greenhouse gas emissions for major development projects in NSW

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In addition to the newly launched Australian Climate Exchange that precedes the establishment of a national climate exchange market by the Federal Government, Australian companies are involved in generating and trading greenhouse gas emission reductions on international climate exchange markets.

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The Federal Government has taken an important step towards a national emissions trading scheme with the introduction of the National Greenhouse and Energy Reporting Bill 2007. Partner Ben Zillmann, Special Counsel Philip Murray and Lawyer Simon Batten report

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The Queensland Government has legislated to implement the recommendations of the independent Local Government Reform Commission into local government amalgamations. The changes, effective on 10 August 2007, will affect all those who deal with, or are employed by, local governments and will have ramifications for planning and development controls and local law application. Senior Associate Bill McCredie and Lawyer Simon Batten report

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Since the NSW Land and Environment Court's landmark decision in November 2006 requiring the environmental assessment of the proposed Anvil Hill coal mine to consider the impact of downstream greenhouse gas emissions, the decision of the NSW Minister for Planning on whether the project should proceed has been eagerly awaited.