UPDATE 191 OCTOBER 2016 ENVIRONMENTAL RESPONSIBILITIES LAW NEW SOUTH WALES

Similar documents
ENVIRONMENTAL LAW SUMMARY

State Environmental Planning Policy (Sydney Region Growth Centres) Amendment (Catherine Fields Precinct) 2013

NCC SUBMISSION ON EXPLANATION OF INTENDED EFFECT: STATE ENVIRONMENTAL PLANNING POLICY NO 44 KOALA HABITAT PROTECTION

CIVIL AVIATION (JERSEY) LAW 2008

Lord Howe Island Group native species and ecological communities

Table of Contents. Adoption and use of AS

Land Transport Rule Work Time and Logbooks Amendment 2017 Rule 62001/7

Comments on the Draft Joint Management Agreements for the NSW Shark Meshing (Bather Protection) Program

EXPOSURE DRAFT. Aviation Transport Security Amendment (Cargo) Regulation 2016

Twelve Apostles Marine National Park Australia

[FWS HQ ES 2013 N191; FXES111309F FF09E22000] Endangered and Threatened Wildlife and Plants; Initiation of a 5-Year Review of

Communication and consultation protocol

s 4(1) - Commonwealth authority

FILE: /PERM EFFECTIVE DATE: May 16, 2014 AMENDMENT:

CALLAN PARK LAND USE PLAN - APPENDICES

SUBMISSION FROM BIG SCRUB LANDCARE ON THE DRAFT NSW BIODIVERSITY CONSERVATION BILL AND ACCOMPANYING LEGISLATION AND CODES

General Information on the proposed new Irish Register of Ships.

Newcastle Transport Program Newcastle Light Rail Determination Report

Office of Commercial Space Transportation: Notice of Availability, Notice of Public

2 THE MASTER PLAN 23

SUMMARY REPORT ON THE SAFETY OVERSIGHT AUDIT FOLLOW-UP OF THE CIVIL AVIATION AUTHORITY OF SLOVENIA

Submission to NSW Koala Strategy Consultation Process. March 2017

Drones, wildlife biology, and the law. Ornithological Council

EMMA BATHURST Barrister

Air Navigation (Aircraft Noise) Regulations 1984

photos Department of Environment and Conservation Biodiversity Conservation

Revisions to Denied Boarding Compensation, Domestic Baggage Liability Limits, Office of the Secretary (OST), Department of Transportation (DOT).

Thursday, October 22, 2009 Pool Competition & Drinks at Pyrmont Bridge Hotel Pool Room and Balcony Lounge 96 Union Street, Ultimo

State of Nature 2016

Priority Species, Communities, Ecosystems, and Threats

GOVERNMENT GAZETTE REPUBLIC OF NAMIBIA

STRATA DATA. Residential Strata in NSW A summary analysis. Issue 3, March City Futures Research Centre

CONSOLIDATED GROUP (NON-MEC GROUP) TSA USER AGREEMENT. Dated PERSON SPECIFIED IN THE ORDER FORM (OVERLEAF)

Legislation Having Application to James Cook University as at 30 June 2013

Legal requirements: Insurance and compliance

Caroona Coal Project. Gunnedah Coal Conference 20 September 2006

Plumbers Supplies Co-operative Ltd ABN

The Conservation Contributions of Ecotourism Cassandra Wardle

F.J. Martin Roberts Evening (Mt Coot-tha from Dutton Park) 1898

Table Notices of Declaration

THE NEWFOUNDLAND AND LABRADOR GAZETTE

Decision (Applicant claims urgent public need )

The Amusement Ride Safety Act

La Trobe Melbourne. Course Development Policy

CAIRNGORMS NATIONAL PARK BOUNDARY BILL

Weir Services Australia Pty Limited v AXA Corporate Solutions Assurance [2018] NSWCA 100 May 2018, Contract, Insurance

Wilderness Protection Regulations 2006

OVERSEAS TERRITORIES AVIATION REQUIREMENTS (OTARs)

CHAPTER FISHERY LIMITS ORDINANCE and Subsidiary Legislation

Chapter 9: National Parks and Protected Areas

THE NEWFOUNDLAND AND LABRADOR GAZETTE

Cumberland Conservation Corridor

SCOTTISH KNIFE DEALERS LICENSING SCHEME

Clarification of Implementation of Regulations and Exemption Policy With Regard to Early Implementation and Transition

2.0 AIRPORT ENVIRONMENT STRATEGY

THE LAW AND REGULATION IN THE UK OVERSEAS TERRITORIES. Published by Air Safety Support International Ltd

Environmental Legislation Update

Who is covered by FOI legislation in Scotland? Schedule 1 to the Freedom of Information (Scotland) Act 2002

Draft LAW. ON SOME AMENDAMENTS IN THE LAW No.9587, DATED ON THE PROTECTION OF BIODIVERSITY AS AMENDED. Draft 2. Version 1.

DRAFT PLAN OF MANAGEMENT MASSY GREENE

SAMPLE. SITTGDE002A Provide arrival and departure assistance. Learner guide. SIT07 Tourism and Hospitality Training Package.

Environmental Volunteering

Sizing up Australia s eastern Grey Nurse Shark population

A GUIDE TO MANITOBA PROTECTED AREAS & LANDS PROTECTION

WILDLIFE TOURISM AUSTRALIA

Consultation Document. Proposal for Legislative Amendment Concerning Aviation Security Regulation and Related Matters

DEPARTMENT OF TRANSPORT

Sporting Shooters Association of Australia Victoria Ltd

Legislative Framework 6

CROWN AND NEW SOUTH WALES GOVERNMENT ENTER INTO AGREEMENTS FOR CROWN SYDNEY HOTEL RESORT

PORT AUTHORITY OF NEW SOUTH WALES. Schedule of Port Charges Sydney

OVERSEAS TERRITORIES AVIATION REQUIREMENTS (OTARs)

Environmental Courts in the 21 st Century Environment. The Honourable Justice Dennis A Cowdroy OAM Land and Environment Court New South Wales

The Corporation of the Township of Wollaston By-law Being a by-law to licence recreational vehicles and tents in the Township of Wollaston

They were accompanied by Mary Gray, President of the Urban Bushland Council of Western Australia.

1. Citation, commencement and interpretation

THE NEWFOUNDLAND AND LABRADOR GAZETTE

THE CIVIL AVIATION ACT, 1977 PART I PART II PART III

Air Travel Tax Manual

BEFORE THE AUCKLAND UNITARY PLAN INDEPENDENT HEARINGS PANEL

environmental defender s office new south wales

A Master Plan is one of the most important documents that can be prepared by an Airport.

Maximising Beneficial Reuse through the use of a Novel Dredging Contract

communication tower means a tower or structure built to support equipment used to transmit communication signals;

Queensland Treasury s primary role is to advance the performance of Queensland s economy and to manage the State s finances.

Conservation Partners for the National Reserve System Program: a Western NSW focus

Bellinger River Emydura Emydura macquarii (Bellinger River) Recovery Plan

PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL. Pres

Bill S-5: An Act to amend the Canada National Parks Act (Nááts ihch oh National Park Reserve of Canada)

REGISTRAR OF PASSENGER TRANSPORTATION MINISTRY OF TRANSPORTATION AND INFRASTRUCTURE

KOALA BEACH ESTATE TWEED SHIRE. 20 Years On

BUSH BLITZ SPECIES DISCOVERY PROGRAM. Quanda, Nombinnie and Nocoleche Nature Reserves NSW Supplement

Proposed Official Plan Amendment 41 to the Region of York Official Plan

Acid Sulfate Soil Management Advisory Committee, 1998, Acid Sulfate Soil Manual

It was asked whether the proposed landing facility would be used in the future for activities other than those described in the Draft EIS.

SOUTHLAND CONSERVATION BOARD

Day One WEDNESDAY 11, February, Day Two THURSDAY 12, February, NSW Parliament House 6 Macquarie Street, Sydney


Travel Shouldn t Cost the Earth

Amendment 41 to the Official Plan for the Regional Municipality of York

Transcription:

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 41905916 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 http://www.thomsonreuters.com.au/support/product-support.aspx?id=/mediatree/58599. If you have any questions or comments, or to order missing pages, please contact Customer Care LTA ANZ on 1300 304 195 Fax: 1300 304 196 Email: Care.ANZ@thomsonreuters.com

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.2016.008]); Class 5 Environmental planning and protection summary enforcement (s 21): Water NSW v Faulkner [2016] NSWLEC 17, at Environmental Responsibilities Law NSW 2

[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.2016.005] and [LECS.2016.011]); 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.2016.010]). 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 2016. Environmental Responsibilities Law NSW 3

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 2016. 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 2016. 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 2016. Protection of the Environment Operations (Waste) Regulation 2014 To amend the Regulation in relation to fees. Environmental Responsibilities Law NSW 4

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 2016. 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 2016. 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 2016. 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

Statute Law (Miscellaneous Provisions) Act 2016 (NSW) (Act No 27 of 2016) with effect from 8 July 2016. 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 2016. To amend the Act to reflect changes in names or reclassification of certain species. Amended: Sch 2 1995 (NSW) (ND 485 of 2016) with effect from 5 August 2016. 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 2016. Environmental Responsibilities Law NSW 6

To amend the Act to omit certain species as endangered species under the Act. Amended: Sch 1 1995 (NSW) (ND 487 of 2016) with effect from 5 August 2016. To amend the Act to list certain species as vulnerable species under the Act. Amended: Sch 2 1995 (NSW) (ND 488 of 2016) with effect from 5 August 2016. To amend the Act to omit certain species as endangered species under the Act. Amended: Sch 1 1995 (NSW) (ND 489 of 2016) with effect from 5 August 2016. To amend the Act to list certain species as vulnerable species under the Act. Amended: Sch 2 Environmental Responsibilities Law NSW 7

1995 (NSW) (ND 490 of 2016) with effect from 5 August 2016. To amend the Act to list species presumed extinct and to add a species to the list of endangered species. Amended: Sch 1 1995 (NSW) (ND 491 of 2016) with effect from 5 August 2016. 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 2016. Environmental Responsibilities Law NSW 8

Environmental Responsibilities Law NSW 9

Environmental Responsibilities Law NSW 10