Environmental & Planning
Environmental & Planning judgments from Australian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Business Operating Without Development Consent and Violating Closure Order
The Land and Environment Court declared that the respondent had not complied with a statutory closure order issued by a council and had carried out unauthorised development in violation of the Environmental Planning and Assessment Act 1979.
Company fined $175,000 for environmental breach
Federal Court Removes Native Title Claimant for Unwillingness to Act
In this case, the Federal Court removed a member from a native title applicant group because they were no longer willing to follow the instructions set by the a company. This decision ensures that all members of the applicant group act in accordance with the agreed-upon composition and resolution.
Appeal Successful: Condition Requiring Design Amendments Removed
Supreme Court Rejects Motion to Transfer Constitutional Case
In a recent case, the Supreme Court of New South Wales rejected a motion to transfer proceedings involving constitutional matters to the Land and Environment Court. The court emphasised the importance of resolving constitutional issues promptly and efficiently.
Forbes Shire Council Fined for Water Pollution and Reporting Failure
Land Values Confirmed: Appeal Dismissed
Company fined $150,000 for oil spill in Newcastle Harbour
Marine Pollution Conviction and Fine in Newcastle Harbour
Land and Environment Court Grants Extension for Remedial Works Compliance
Revocation of Foreshore Access Order
Costs Decision on Land Classification
Land and Environment Court Rejects Dwelling Modifications
Development Consent Granted for Integrated Commercial and Residential Project
The Land and Environment Court granted permission for a large-scale integrated development project that includes both commercial and residential components. The project was approved after meeting certain conditions related to planning controls and providing public benefits.
Development Consent Granted for Attached Dwellings with Basement Parking
Court Fines Owner for Cutting Down Protected Trees
The Land and Environment Court fined a property owner for cutting down four protected hoop pine trees without getting the proper development consent. The court emphasised the importance of adhering to environmental planning laws and protecting trees as required by development consent conditions.
Unrepresented Litigant's Request to Re-Open Evidence Denied
An unrepresented litigant tried to introduce new evidence in a recusal application but was unsuccessful because they could not explain why the evidence was not presented earlier and the document was incomplete.
Late Affidavit Application Refused Due to Incomplete Transcripts
The Land and Environment Court rejected a request to file a late affidavit because the affidavit included incomplete and selectively excerpted transcripts, lacking full context and utility.
Illegal Placement of Contaminated Fill Material
The court decided that placing contaminated fill material on land is illegal under environmental laws. This ruling applies to the Protection of the Environment Operations Act 1997 and the Waste Management Act 2000.