Minor changes to approvals : Cheat Sheet
This cheat sheet provides a quick overview on the legistion and process for Minor changes to approvals.…
We regularly distribute updates to our clients and contacts on specialised areas of law.
Please contact us if you wish to be added to the distribution list for these newsletters. The information is accurate at the time of writing but the law may have changed. You should treat this information as general advice only and seek specific advice for your particular circumstances.
Native title compensation
Native title compensation has become a popular talking point over the last three years with many of our clients interested in learning more about what to do and consider if lodging a compensation claim. This article provides some guidance and considers two compensation claims that were recently struck out.…
Noosa Short-Term Long-Term Accommodation Information Booklet
There has been much public discussion of the impact of the changes in the 2020 Noosa Planning Scheme on Short-Term and Long-Term Accommodation. In this article we review the history around the changes, the definition of Short-Term and Long-Term Accommodation, existing use rights, some considerations around existing approvals, superseded planning scheme applications and the prospects of obtaining an approval for Short-Term accommodation.…
Latest CSG Industry Snapshot – How has it changed, what does it look like, what is planned?
The latest Underground Water Impact Report (UWIR 2019) was finalised by the Department of Environment and Science and released in November 2019. It provides an important snapshot into the coal seam gas (CSG) industry and the gas companies’ plans for future development. With the recent plummet in oil and gas prices, the figures and planned development for CSG will no doubt change. However the UWIR 2019 still provides useful industry insight.…
Audit on CSG Regulators
One of P&E Law’s key concerns representing landowners affected by the coal seam gas (CSG) industry over the last decade has been the lack of enforcement of environmental authority conditions by the Department of Environment and Science (DES), including conditions relating to noise, weeds, dust and land rehabilitation. As a result, P&E Law have always emphasised the importance of including strong contractual obligations into a Conduct and Compensation Agreement (CCA) requiring CSG companies to comply with environmental authority conditions so that landowners themselves have the power to enforce compliance. The Queensland Audit Office has recently audited the Department of Natural Resources, Mines and Energy (DNRME), DES and the Gasfields Commission Queensland in relation to compliance with their regulatory roles and functions in managing CSG activities.…
Appeals filed after the commencement of the Planning Act 2016
On 30 April 2018, Her Honour Judge Kefford DCJ delivered her Judgment in Jakel Pty Ltd & Ors v Brisbane City Council & Anor [2018] QPEC 21. The Issue One of the primary issues in this case was whether the decision making regime under the Sustainable Planning Act 2009 (SPA) or the Planning Act 2016 (PA) applies, in respect of a development application that was: lodged while the SPA was in force; decided after commencement of the PA; and the subject of an appeal filed after commencement of the PA (on 3 July 2016). …
The Blue Dot in Vegetation Mapping
There has been a spike in “blue dot” enquiries on vegetation mapping. Numerous requests have been raised about the “high risk area” trigger map under Nature Conservation Act 1992 (“NCA”) and Nature Conservation (Wildlife Management) Regulation 2006 and interactions with the Property Maps of Assessable Vegetation (PMAV) under the Vegetation Management Act 1999 (“VMA”). Let's clarify the impact on you.…
Validity of Infrastructure Charges Notices
A recent decision of the Planning and Environment Court may have implications for the validity of Infrastructure Charges Notices (ICNs) issued by Council under the Sustainable Planning Act 2009 (SPA), and, to a lesser extent, the Planning Act 2016 (PA). …
Vegetation Management
If the State of Queensland representing the people of Queensland decides to protect the natural vegetation based upon good science, then the current vegetation management regime is ineffective. Governments of different political persuasions take different views in relation to what ought to be protected and how it ought to be protected. A bipartisan approach to vegetation management is needed.…
Roads – A Public Right of Passage
There needs to be an accord between community and government when considering the use of roads. There has been an abject lack of accord in some local government areas recently, and community meetings and open forums can be a positive attempt to advance agreement. An understanding of the common law basis of roads and the statutory variations to the common law may lead to a better appreciation of the need for an accord. That understanding may lead to a clearer consideration of questions like those following: Whose responsibility is it to mow the footpath? Can you plant a tree on the footpath? Can you construct the pathway across the footpath to your property boundary? Can you hold a sporting event on a road? Do you need permission from Council or someone else? …
Verdant Verges – Footpath plantings
The Sunshine Coast Regional Council has recently become embroiled in a turf war over footpath planting. Its response has been to introduce a Permit Application process under the local laws — but this may not be the appropriate approach.…
Local Law Signs
Signage is a key tool for local governments to communicate expected conduct under local laws. This post examines case law and how Queensland’s model local laws require councils to take “reasonable steps” to notify the public.…
A Load of Rubbish – Waste Laws
The state government waste management laws that are to expire form the basis for local governments to control waste collection within their local government areas in “waste collection areas”. Without that control domestic and commercial curbside waste collection services could be undertaken at the behest of each individual owner or occupier of premises without regard to Council. Time is running out for local governments to meet all of the obligations of the local law making process prior to the cut-off date.…
Aboriginal Cultural Heritage: More than Dots on a Map
A recent decision in NSW highlighted the importance of undertaking a proper assessment of Aboriginal cultural heritage in order to obtain development approval for a project. In Darkinjung Local Aboriginal Council & Ors v Minister for Planning & Infrastructure Anor [2015] NSWLEC 1465 the NSW Land and Environment Court refused the extension of an existing sand quarry near Gosford. The proposal included the excavation of a 30m deep, 500m wide disturbance area. A number of significant sites were identified by Darkinjung Local Aboriginal Land Council (Darkinjung). …
Free, Prior and Informed Consent
The United Nations Declaration on the rights of Indigenous peoples includes in Article 19 a fairly narrowly focused requirement for States to obtain free, prior and informed consent before adopting measures that may affect Indigenous peoples. The concept of free (with no coercion, intimidation or manipulation), prior (with the consent to be sought long enough before any activities are to take place to allow time for indigenous consultation and decision-making) and informed (including all necessary information such as the nature, size, term, environmental impacts including positive and negative consequences of them) consent is one that can be tailored by Aboriginal and Torres Strait Islander groups to ensure that there is effective decision-making on their lands and waters.…
Taking Urgent Action to Protect Cultural Heritage
In Queensland, a developer, mining proponent or other infrastructure provider planning to undertake substantial development activities likely to cause ground disturbance will usually negotiate a Cultural Heritage Management Agreement or Plan with the relevant Aboriginal or Torres Strait Islander Party. But what can you do if this has not happened? What if you find mining, earthworks or development occurring and you know that there is no cultural heritage plan in place? What options do First Nations people have in Queensland to take urgent action to protect their cultural heritage? The answer is that a mix of practical and legal steps can be urgently taken. …
Developing Northern Australia
In June 2015, the Australian Government released its first ever White Paper on developing northern Australia. It states: a strong north means a strong nation. Included in it are 2, 5, 10 and 20 year implementation plans. The paper provides that the Commonwealth Government will address challenges to development by: Making it easier to use natural assets, in close consultation with, and the support of, Indigenous communities: Providing a more welcoming investment environment; Investing in infrastructure to lower business and household costs; Reducing barriers to employing people; and Improving governance. It also states that the Commonwealth will work with the Indigenous communities to simplify and modernise land arrangements…
Principles of Extinguishment in light of WA v Brown [2014] HCA 8 (12/03/14)
The High Court has recently addressed the issue of common law extinguishment. Its decision in Western Australia v Brown [2014] HCA 8 (Brown) provides guidance about the extinguishment of native title rights and interests where the Native Title Act 1993 (Cth) does not apply (generally, for acts done before 1975).…
Employment and Training – Mining Agreements
There has been a lot of emphasis lately on promoting Employment and Training Programs as part of right to negotiate agreements. For several decades there have been ineffective mining agreements, with parties agreeing to try to “maximise employment” but with little or no steps on how to achieve that. In our experience, successful Employment and Training Programs for large projects require the following ....…