UPDATE 191 OCTOBER 2016 ENVIRONMENTAL RESPONSIBILITIES LAW NEW SOUTH WALES

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UPDATE 191 OCTOBER 2016 ENVIRONMENTAL RESPONSIBILITIES LAW NEW SOUTH WALES Stephanie Hennessey, Jeff Kildea, Olia Koudrina, Janine Lonergan, Russell Schmidt, Zaina Shahnawaz and Hon.

1 UPDATE 191 OCTOBER 2016 ENVIRONMENTAL RESPONSIBILITIES LAW NEW SOUTH WALES Stephanie Hennessey, Jeff Kildea, Olia Koudrina, Janine Lonergan, Russell Schmidt, Zaina Shahnawaz and Hon. Justice Brian Preston Material Code Print Post Approved PP255003/00418 Thomson Reuters (Professional) Australia Limited 2016 Looseleaf Support Service You can now access the current list of page numbers at If you have any questions or comments, or to order missing pages, please contact Customer Care LTA ANZ on Fax:

2 NEW COMMENTARY New Developments Russell Schmidt has added the following commentary to New Developments: New Resource Recovery Orders for food waste, at [ND.170]. Russell has also updated commentary pertaining to New threatened species and ecological communities under the Threatened Species Conservation Act 1995 (part 2) with Final Determination links, at [ND.230]. Olia Koudrina has added the following commentary to New Developments: New water sharing plans and replacement water sharing plans commenced 1 July 2016, at [ND.180]; and A number of functions relating to the delivery of water services in NSW were transferred from DPI Water to Water NSW from 1 July 2016, at [ND.190]. UPDATED COMMENTARY Land and Environment Court Jeff Kildea has added the following new case commentary and cross-references to the Land and Environment Court Act 1979: Class 4 Environmental planning and protection and development contract civil enforcement (s 20): Commonwealth Bank of Australia v Salvato (No 4) [2013] NSWSC 321; Canterbury City Council v Ahmed [2016] NSWLEC 68 and Waverley Council v Tovir Investments Pty Ltd (No 3) [2013] NSWLEC 35, at [LECA.PT3.DIV1.10] (with crossreference to the Thomson Reuters Planning and Development NSW service at [LECS ]); Class 5 Environmental planning and protection summary enforcement (s 21): Water NSW v Faulkner [2016] NSWLEC 17, at Environmental Responsibilities Law NSW 2

3 [LECA.PT3.DIV1.10]; Division 4 Special Provisions Respecting Class 1, 2 or 3 Proceedings: Aitchison v Sutherland Shire Council [2016] NSWLEC 48 and Warriewood Vale Pty Ltd v Northern Beaches Council [2016] NSWLEC 77, at [LECA.PT4.DIV4.10] (with cross-references to the Thomson Reuters Planning and Development NSW service at [LECS ] and [LECS ]); and Part 6 Miscellaneous: Bobolas v Waverley Council [2016] NSWCA 139, at [LECA.PT6.10]. Jeff Kildea has added the following new case commentary and crossreference to the Land and Environment Court Rules 2007: Part 4 Proceedings in Class 4 of the Court s jurisdiction: Botany Bay City Council v Minister for Local Government (No 2) [2016] NSWLEC 73, at [LECR.PT4.10] (with cross-reference to the Thomson Reuters Planning and Development NSW service at [LECS ]). AMENDED LEGISLATION Radiation Control Regulation 2013 To amend the Regulation to omit redundant exemptions from radiation management licensing requirements for certain apparatus and to make other amendments relating to fees. Amended: cll 8, 46, Schs 3 and 4 Radiation Control Amendment (Exemptions and Fees) Regulation 2016 (NSW) (Reg No 342 of 2016) with effect from 24 June Environmental Responsibilities Law NSW 3

4 Water Management (General) Regulation 2011 To amend the Regulation in relation to access licences. Amended: cll 4, 5 and Sch 5 Water Management (General) Amendment (Access Licence) Regulation 2016 (NSW) (Reg No 351 of 2016) with effect from 1 July To amend the Regulation in relation to the identification of floodplains. Inserted: cl 226AA and Sch 7A Water Management (General) Amendment (Floodplains) Regulation 2016 (NSW) (Reg No 502 of 2016) with effect from 12 August Protection of the Environment Operations (General) Regulation 2009 To amend the Regulation in relation to fees. Amended: cll 7, 10C, 12, 3 and 37 Protection of the Environment Operations (General) Amendment (Licensing Fees) Regulation 2014 (NSW) (Reg No 241 of 2014) with effect from 1 July Protection of the Environment Operations (Waste) Regulation 2014 To amend the Regulation in relation to fees. Environmental Responsibilities Law NSW 4

5 Amended: cl 12 Protection of the Environment Operations (Waste) Amendment (Calculation of Contributions) Regulation 2016 (NSW) (Reg No 341 of 2016) with effect from 24 June Dangerous Goods (Road and Rail Transport) Regulation 2014 To make minor amendments to the Regulation. Amended: Sch 1 Statute Law (Miscellaneous Provisions) Act 2016 (NSW) (Act No 27 of 2016) with effect from 8 July Native Vegetation Regulation 2013 To repeal Schedule 2 of the Regulation. Repealed: Sch 2 Statute Law (Miscellaneous Provisions) Act 2016 (NSW) (Act No 27 of 2016) with effect from 8 July Marine Estate Management Act 2014 To amend the Act to clarify when a marine park or aquatic reserve notification takes effect. Amended: s 59 Environmental Responsibilities Law NSW 5

6 Statute Law (Miscellaneous Provisions) Act 2016 (NSW) (Act No 27 of 2016) with effect from 8 July Threatened Species Conservation Act 1995 To amend the Act to make a determination to amend the description of certain species. Amended: Sch 2 Notice of Determination under the Threatened Species Conservation Act 1995 (NSW) (ND 457 of 2016) with effect from 22 July To amend the Act to reflect changes in names or reclassification of certain species. Amended: Sch (NSW) (ND 485 of 2016) with effect from 5 August To amend the Act to add a species to the list of endangered species. Amended: Sch 1A 1995 (NSW) (ND 486 of 2016) with effect from 5 August Environmental Responsibilities Law NSW 6

7 To amend the Act to omit certain species as endangered species under the Act. Amended: Sch (NSW) (ND 487 of 2016) with effect from 5 August To amend the Act to list certain species as vulnerable species under the Act. Amended: Sch (NSW) (ND 488 of 2016) with effect from 5 August To amend the Act to omit certain species as endangered species under the Act. Amended: Sch (NSW) (ND 489 of 2016) with effect from 5 August To amend the Act to list certain species as vulnerable species under the Act. Amended: Sch 2 Environmental Responsibilities Law NSW 7

8 1995 (NSW) (ND 490 of 2016) with effect from 5 August To amend the Act to list species presumed extinct and to add a species to the list of endangered species. Amended: Sch (NSW) (ND 491 of 2016) with effect from 5 August Land and Environment Court Act 1979 To amend the Act in relation to making it an offence for a person to engage in behaviour that is disrespectful (according to practice and convention) in the Land and Environment Court. Inserted: s 67A Courts Legislation Amendment (Disrespectful Behaviour) Act 2016 (NSW) (Act No 26 of 2016) with effect from 1 September Environmental Responsibilities Law NSW 8

9 Environmental Responsibilities Law NSW 9

10 Environmental Responsibilities Law NSW 10

ENVIRONMENTAL LAW SUMMARY

ENVIRONMENTAL LAW SUMMARY SUMMARY LAWSKOOL PTY LTD TABLE OF CONTENTS TABLE OF CONTENTS... 2 TABLE OF AUTHORITIES... 6 Part 1: Sources of law... 10 Topic 1: The broad framework of environmental law... 10 1.1 International sources...