Environmental & Planning
Environmental & Planning judgments from Australian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Watercourse Not Considered a River Under Rivers Act
The NSW Court of Appeal dismissed an appeal challenging a development consent. The court ruled that a watercourse on the developer's land was not a river under the Rivers and Foreshores Improvement Act 1948, thus no permit was required for excavation.
Claimant Loses Right to Compensation Due to Repeal of Legislation
The Court of Appeal ruled that the claimant's right to claim compensation was extinguished due to the repeal of section 342AC and the time limits for claims. The claimant argued that their claim was still valid, but the court disagreed.
Summary Dismissal of Vexatious Litigant’s Claim in NSW Supreme Court
Council Held Liable for Footpath Damage Caused by Tree Roots
Computer Game Facility Found to Be an 'Amusement Centre' Under Hurstville's Local Environmental Plan
Validity of Administrator Appointment to Local Aboriginal Land Council
Development Consent Required for Alterations to Heritage Buildings
Amendment of Summons Allowed in Environmental Offense Case
In this environmental offense case, the Land and Environment Court allowed the amendment of the summons to include a specific timeframe for the alleged offense, ensuring a fair trial for the defendant.
Costs Order Varied in Class One Appeal
Mineral Processing Facility Development Approved with Environmental Protections
Court Grants Leave for Amended Development Plans
Costs Ruling in Development Consent Dispute
Landowner Wins Right to Compensation for Partial Access Loss
Judicial Review Upholds Validity of Development Consent
Contempt Case for Non-Compliance with Animal Control Order
The court found a tenant in contempt for not reducing the rabbit population at their address as ordered by the local government. The tenant was fined and ordered to pay costs.
Land and Environment Court Approves Housing Project for Seniors and Disabled
Federal Court Rejects Environmental Nuisance Suit
In this environmental law case, the Federal Court dismissed a lawsuit brought by individuals claiming injuries from industrial emissions. The court ruled that the claims did not meet the criteria for jurisdiction under the Trade Practices Act and thus lacked merit.
Judge Not Disqualified Despite Previous Related Ruling
Company Fined for Tarban Creek Water Pollution
A company was fined for causing water pollution in Tarban Creek during construction. Despite having measures to control sediment, the company failed to prevent pollution, leading to fines and recognition of the environmental impact.