Allens

17 June 2013

Reforms to the Victorian rules on clearance of native vegetation, intended to clarify and improve the approval process for councils, developers and landholders, have been announced. Partner Chris Schulz, Senior Associate Emily Gerrard and Lawyer Suzanne Vale report.

10 May 2013

Sweeping changes to the Victorian Industrial and Commercial zones present opportunities to developers, who will be able to seek out suitable new sites on a broader range of land. Special Counsel Meg Lee looks at the detail of the new controls.

30 April 2013

As part of its planning reform agenda, the Queensland Government has released for consultation its draft State Planning Policy. Once finalised, the new policy will replace the existing ones with a single, consolidated document that identifies the state's interests in planning and development assessment. Special Counsel Rosanne Meurling and Senior Associate Michael Zissis look at the draft policy, how it is broader in scope than the existing policies and how it could impact a range of development proposals in the future.

19 March 2013

The recommencement of uranium mining in Queensland is one step closer with the release of recommendations by the state's uranium mining implementation committee. Partner Ben Zillmann and Senior Associates John Hedge and Anna Vella report on the recommendations.

15 March 2013

Proponents of large coal mines and coal seam gas projects currently undergoing, or requiring Commonwealth environmental approval in the future, should be aware of the proposal to add 'water resources' as a new trigger for Commonwealth environmental approval. If passed, the proposed changes have the potential to add to the timeframe for and scope of impact assessment for large coal mines and coal seam gas projects. Partner Bill McCredie, Senior Associate Anna Vella and Lawyer Gobind Kalsi report.

28 February 2013

The Queensland Government is undertaking a review of its current land holdings, ahead of an expected land divestment program later this year. This review complements ongoing reform of the planning processes and the management of land use. Partner Tony Davies and Senior Associate Anna Vella reports on changes that should see greater opportunities for the State and for developers.

18 February 2013

The Newman Government has just introduced a new oil shale policy that encourages private sector research and investment in oil shale extraction, by removing restrictions on the development of an oil shale industry. Partner Ben Zillmann and Lawyer Faheem Anwar look at the new policy.

18 February 2013

Following proposed zoning reforms announced last year, the Victorian Minister for Planning has put forward a raft of statutory reforms in amending legislation designed to improve the operation of the Victorian planning system. Special Counsel Meg Lee and Lawyer Will Duffy discuss the proposed changes.

14 February 2013

Industrial operators should be planning for the start of a new approval regime for 'environmentally relevant activities' in Queensland. The new regime will transition most existing approvals and change the processes for applications and future amendments. It will also remove the requirement for certain approvals and provide opportunities for companies to amalgamate approvals for operations on multiple sites. Partner Bill McCredie, Senior Associate Michael Zissis and Lawyer Gobind Kalsi report.

24 January 2013

Victorian Premier Ted Baillieu and Planning Minister Matthew Guy are proposing to implement reforms to the State's environmental and planning approvals processes. Partner Chris Schulz spoke to BRR Media about what the reforms might look like and how they will be achieved.

12 December 2012

In brief: Employment locations will be the basis of new urban development, under the Victorian Government's long-term planning strategy for the greater Melbourne area. Special Counsel Meg Lee and Lawyer Will Duffy review the main points of the strategy.

14 November 2012

A new planning and development framework aimed at facilitating economic development in priority development areas and provisional priority development areas in Queensland has been introduced into Parliament. While its obvious use will be the establishment of venues for the 2018 Commonwealth Games on the Gold Coast, the new framework has much broader application, offering an alternative to the complications and delays associated with the current process. Special Counsel Rosanne Meurling and Senior Associate Michael Zissis review the framework, and its implications for existing and future development projects.

14 November 2012

Mine operators and other businesses in Queensland should take note of the State Government's proposed new Temporary Emissions Licences, which will authorise temporary discharges and emissions in anticipation of, or in response to, unforeseen events, overriding existing environmental authority or development approval conditions. For example, a TEL may authorise a release of mine affected water in anticipation of flood waters arriving at a mine site. Partner Bill McCredie and Lawyers Gobind Kalsi and David Thorpe report on the new licences, developed in response to the extreme wet season in Queensland over 2011-12.

14 November 2012

In brief: Proponents and operators of major projects in Queensland need to be aware of important proposed changes that will impact upon the assessment and approval process for 'significant projects' and 'infrastructure facilities of significance', and the disposal of land in State Development Areas. Partner Bill McCredie, Senior Associate Anna Vella and Lawyer Gobind Kalsi report.

12 November 2012

A Bill proposing changes promoting greater flexibility in the application of development control plans, and reducing the weight given to them in the development assessment process, has been introduced in New South Wales. Partner Paul Lalich and Lawyer Naomi Bergman outline the proposed amendments.

18 October 2012

Major long-term plans regarding infrastructure in NSW have been released. Allens Partners Nigel Papi and Emma Warren speak to BRR Media about the plans and issues that need to be addressed.

17 October 2012

Victoria will introduce a new property-based fire services levy, which will replace the existing fire services levy imposed by insurance companies, next year. Partner Chris Schulz and Law Graduate Tim Farhall provide an update.

21 September 2012

The long-awaited New South Wales Strategic Regional Land Use Policy, which aims to protect Strategic Agricultural Land, has been released, with some significant differences from the original draft. Partner David Maloney and Law Graduate Tom Griffin report.

21 September 2012

In brief: The Queensland Government recently introduced a Bill into Parliament with the intent, as the Deputy Premier has stated, to 'fix the planning system'. Partner Bill McCredie and Senior Associate Anna Vella outline the proposed changes to the sustainable planning legislation.

31 August 2012

The Victorian Government this week announced its intention to introduce a new Fire Services Property Levy, to replace the existing fire services levy imposed by insurance companies. The new property-based levy will be collected by local councils. Partner Chris Schulz and Law Graduate Tim Farhall examine the proposed changes.

28 August 2012

The NSW Government is substantially overhauling its planning system, providing developers with greater certainly and fewer risks. In the first of a three-part series, Partner Paul Lalich and Lawyer Dennis Smith examine the implications the proposed new planning system will have on environmental plans and the way land is zoned within NSW.

26 July 2012

A recent decision of the Supreme Court of Western Australia provides insight into the decision-making process of the Contaminated Sites Committee when it allocates responsibility for remediation of contaminated sites and the approach by the Supreme Court when determining appeals from committee decisions. Special Counsel Robyn Glindemann and Vacation Clerk Claire McGowan report.

19 July 2012

Last month we reported on a series of three planning reforms and reviews announced by the Victorian Minister for Planning. In further developments, the Minister has, this week, announced a major reform to Victorian zone controls. Special Counsel Meg Lee looks at the detail of the proposed changes

26 June 2012

The initial report of the Victorian Planning System Ministerial Advisory Committee on the operation and effectiveness of the Victorian planning system and the Government's response to its key recommendations has been released and indicate important reforms to the planning system. In the third of our series on Victorian Government reviews and state planning laws, Lawyer Sarah Dynon and Special Counsel Meg Lee look at the proposed changes

19 June 2012

Three years after its appointment by the former government, the Coastal Climate Change Advisory Committee's report has been released by the Minister for Planning who simultaneously announced a relaxation of the requirements for the consideration of the impact of sea level rise on developments within existing coastal town boundaries. In the second of our series on reviews that will impact on Victoria's planning schemes, Special Counsel Meg Lee explains the effects of the proposed changes

13 June 2012

In brief: The Victorian Minister for Planning has released three advisory committee reports and published his responses on issues as varied as car parking, coastal climate change, and a complete review of the planning system. In the first of a three-part series on the reports, Special Counsel Meg Lee looks at the changes to the planning schemes arising from the car parking review

05 April 2012

The New South Wales Government has released its latest round of plans, policies and guidelines aimed at delivering key initiatives in its Strategic Regional Land Use Planning Policy. Partner Jim Parker and Lawyer Lara Neate examine the new proposals

27 January 2012

Wind farm applicants will need to meet stringent approval requirements, relating to community protection, under tough new draft guidelines. Partner Jim Parker and Lawyer Rebecca Linquist report

27 January 2012

Recent amendments to Victorian Planning Schemes expand opportunities for those involved in the retailing of bulky goods and create potential for greater retail competition. Special Counsel Meg Lee and Lawyer Katherine Kirby report

10 January 2012

Companies and individuals involved in activities in Queensland that have the potential to impact on the environment should be aware that the duty to notify of environmental harm has been expanded by recent legislative amendments. Partner Bill McCredie, Lawyer Gobind Kalsi and Summer Clerk Sarah Hampson outline the changes

22 December 2011

Resource developers in Queensland will need to be aware of potential constraints to their activities as a result of recently proposed legislative amendments that will place permanent restrictions on carrying out resource activities (including mining) in close proximity to urban communities. Partner Bill McCredie, Senior Associate Anna Vella and Lawyer Gobind Kalsi look at the proposed changes

09 December 2011

Developers, decision-makers and the public, who could be affected by an overhaul of the NSW planning system, have the chance to help shape the new regime, through the release of an issues paper that invites feedback. Partner Paul Lalich and Lawyer Andrew McGovern report

29 November 2011

In response to the Queensland floods last summer, scrutiny has fallen on the existing regulatory regime for development in floodplains and its shortcomings. Before the Queensland Floods Commission of Inquiry delivers its findings in the new year, an interim planning response has been implemented. Partner Bill McCredie and Lawyer Michael Zissis describe the implications of the interim policy and predict further reform of land use planning controls in Queensland's floodplains

24 November 2011

Recent changes to mining legislation in the Northern Territory flag greater government intervention in, and oversight of, environmental failures in the territory's mining operations. Partner Chris Schulz, Senior Associate Emily Gerrard and Law Graduate Katherine Kirby look at the changes that now also include criminal sanctions for environmental offences

28 October 2011

In a bid to reduce the 'green tape' burden on business, major reforms of the Queensland environmental assessment and approvals regime have been introduced, and will impact on businesses including the manufacturing, waste management, mining and resources sectors. Partner Bill McCredie and Senior Associate Eve Lynch report on the significant changes that are proposed

27 September 2011

Licenced water users in Western Australia should be aware that the WA Department of Water is reviewing its current water allocation policy. Partner Jodi Reinmuth and Special Counsel Robyn Glindemann look at the Department's recently released discussion paper on the issue

22 September 2011

Developers and land managers need to be aware of the Victorian Government's review of its Aboriginal heritage legislation which is aimed at improving its efficiency and effectiveness. Partner Chris Schulz and Senior Associate Emily Gerrard look at the review in more detail

01 September 2011

The Federal Government has released its formal response to the independent review of the Environment Protection and Biodiversity Act 1999 (Cth). While the review's recommendation to replace the current Act and start afresh was rejected, the Government has accepted the majority of its recommendations. Special Counsel Robyn Glindemann and Lawyers Robert Merriam and Michael Zissis report

30 August 2011

An amendment yesterday to all Victorian Planning Schemes further implements the government policy to restrict the locations for development of wind farm projects in Victoria. Amendment VC82, like VC78 in March this year, has the potential to limit development of further wind farms in Victoria and will also impact on already approved wind farms if changes are required to plans or permit conditions. Partner Chris Schulz and Senior Associate Meg Lee report

23 August 2011

The O'Farrell government has promised sweeping changes to New South Wales' planning laws, most notably the repeal of Part 3A of the Environmental Planning & Assessment Act 1979 (NSW). We have already seen the Environmental Planning and Assessment Amendments (Part 3A Repeal) Act 2011 (NSW) receive assent on 27 June 2011. The latest move is the release of the draft State Environmental Planning Policy (State and Regional Development) 2011 on 18 August 2011. The proposed SEPP identifies development that will be State significant development, State significant infrastructure and critical State significant infrastructure. Partner Jim Parker and Lawyer Lara Neate report

01 July 2011

A recent decision in the Victorian Civil and Administrative Tribunal in relation to a wind farm has ruled on an important question of law that will have significant consequences for all developers operating in Victoria. It confirmed that the laws that apply if a case is returned from the Supreme Court are the laws that are applicable at the date the Tribunal decides the case following remittal, rather at the date of the first Tribunal hearing. Partner Michael Graves, Senior Associate Meg Lee and Lawyer Tristan Moseby report

21 June 2011

The NSW Legislative Assembly has recently introduced legislation to repeal Part 3A of the Environmental Planning and Assessment Act 1979 (NSW), creating a new system for assessing projects of State significance. Projects previously dealt with under Part 3A will now be classified as either State significant development or State significant infrastructure. The legislation also makes changes to the Planning Assessment Commission, and increases the value threshold for general development being sent to the joint regional planning panels. Partner Paul Lalich and Law Graduate Tom Tian report

16 June 2011

The High Court has recently ruled that owners may claim compensation from the Mine Subsidence Compensation Fund for expenses incurred in preventing or mitigating subsidence-caused damage to improvements, even if subsidence had not yet actually occurred. The decision overturns the previous law, which required owners to wait for subsidence to occur in order to qualify for compensation. Partner Paul Lalich and Law Graduate Tom Tian report

15 June 2011

A range of new initiatives introduced by the NSW Government will have important ramifications for land use in regional areas, particularly for the coal mining, coal seam gas and petroleum exploration industries. Partner Paul Lalich, Lawyer Swee Leng Harris and Law Graduate Julia Dean outline the new transitional arrangements the State Government has put in place as the first stage in the implementation of their Strategic Regional Land Use Policy

14 June 2011

Developers and investors should be aware of the creation of a new authority to replace VicUrban, as part of the Victorian Government's recent package of reforms intended to improve the efficiency of the planning system. Partner Chris Schulz, Senior Associate Meg Lee and Law Graduate Katherine Kirby report on the new Urban Renewal Authority Victoria, whose purpose will be the renewal of urban brownfields, rather than the development focus of its predecessor

02 June 2011

New legislative amendments just published in NSW will have important ramifications for major development approvals in that state. Partner Paul Lalich, Lawyer Swee Leng Harris and Law Graduate Julia Dean explain how these changes will affect the application of Part 3A of the Environmental Planning and Assessment Act 1979 (NSW)

27 May 2011

The Productivity Commission recently released its final report examining Australia's current planning law. Partner Paul Lalich, Lawyer Swee Leng Harris and Law Graduate Tom Tian discuss its findings

20 May 2011

The power of administering agencies in Queensland to impose offset conditions on development approvals or other approvals for activities which impact on the environment has been confirmed in recent legislative amendments. Partner Bill McCredie and Lawyer Faheem Anwar look at the offsets provisions the new legislation introduces

17 March 2011

A recent amendment to all Victorian Planning Schemes will significantly change the landscape for assessing and approving wind farm projects in Victoria. Amendment VC78 has the potential to limit development of further wind farms in Victoria and may also impact on already approved wind farms if changes are required to plans or conditions. Partner Chris Schulz and Senior Associate Meg Lee report

21 December 2010

New Queensland legislation will trade off greater protection of groundwater resources against greater regulation and compliance costs for petroleum tenure holders. Partner Bill McCredie and Lawyer Michael Zissis look at the legislation, which is partly aimed at resolving some of the issues associated with the increasingly rapid growth of the liquefied natural gas industry